In the News

October 30, 2013 — In response to a request from the U.S. Supreme Court, the Oklahoma Supreme Court on Tuesday clarified that a 2011 state abortion law (HB 1970) requiring physicians to follow FDA protocols for medication abortion drugs "effectively bans all medication abortions," the Washington Post reports (Barnes, Washington Post, 10/29).

In June, the U.S. Supreme Court agreed to review the law, pending clarification from the Oklahoma Supreme Court on its understanding of the statute. In their request to the Oklahoma court, the Supreme Court justices asked whether the state judges thought the law bars use of the abortion drug misoprostol, even when physicians follow FDA protocol. They also asked whether the state measure prevents physicians from using the cancer drug methotrexate to treat ectopic pregnancies (Women's Health Policy Report, 10/7).

Details of Tuesday's Ruling

The state court on Tuesday said the Oklahoma law indeed prohibits mifepristone and methotrexate because FDA has not specifically approved either medication as an "abortion-inducing drug," as required under the state statute (Savage, "L.A. Now," Los Angeles Times, 10/29).

The court noted, "Ninety-six percent of medication abortions in the United States are now provided according to a regimen different from the one described in mifepristone's F.D.A.-approved label" (New York Times, 10/29).

The judges also wrote that the law is "so completely at odds with the standard that governs the practice of medicine" that it is clear lawmakers' only intent was to prevent women from obtaining abortions (Washington Post, 10/29).

Next Steps

According to the New YorkTimes, now that the Oklahoma court has answered the high court's request, the case could be decided this term. However, the justices could opt to dismiss the case and wait for a narrower one focusing on whether states may require adherence to the FDA protocol for mifepristone.

Reactions

Oklahoma Attorney General Scott Pruitt (R) in a statement said, "The Oklahoma Supreme Court erred in striking down the law." He added, "We believe they have erred yet again by interpreting the law more broadly than the Legislature intended" (New York Times, 10/29).

Center for Reproductive Rights President Nancy Northup said in a statement that the decision "strongly reaffirms that this blatantly unconstitutional law was designed to not only rob women of the safe, legal and effective option of medication to end a pregnancy at its earliest stages, but also threaten the health, lives and future fertility of women suffering ectopic pregnancies" ("L.A. Now," Los Angeles Times, 10/29).

Video Round Up

An Interview with Justice Ginsburg on the State of Abortion Access

In a rare interview, Supreme Court Justice Ruth Bader Ginsburg tells MSNBC's Irin Carmon it is a "crying shame" that state abortion restrictions are making the procedure increasingly "[i]naccessible" to many low-income women. Watch the video

Datapoints

A Look at Abortion Coverage in the ACA's Marketplace Plans, Repro Health Report Card, More

This week's charts depict why abortion coverage is unavailable in many states' ACA marketplace plans for 2015. We also feature a national reproductive health report card and an interactive look at abortion restrictions in Missouri. Read more

At A Glance

"[Roe v. Wade] protects a woman's freedom to make her own choices about her body and her health, and reaffirms a fundamental American value: that government should not intrude in our most private and personal family matters."

— President Obama, commemorating the 42nd anniversary of Roe v. Wade. Read more